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cozysprinkles · Feb 2, 2009, 04:27 AM

My boyfriend was left a home along with 4 other brothers.
One of the brothers is refusing to sign a sales agreement to sell.
A lawyer said that they would have to petition the court. What does this mean exactly and does a lawyer need to be hired or can they go to the courthouse and do this themselves?

excon · Feb 2, 2009, 05:06 AM

Hello c:

They MIGHT be able to do it themselves... But, when they get to court, what is their argument going to be? That they WANT their brother to comply?? THAT ain't a legal argument...

So, if they want to be successful in their endeavor, they need an attorney.

excon

Fr_Chuck · Feb 2, 2009, 06:36 AM

Also how were they left the house, were their names already on the deed ?

If not and it was merely left to them in a will, they have to go to probate court to sell it anyway, in fact they can not really sign an agreement to sell, until they have their names on the deed.

Not enough facts to know at this point.

But if the one brother does not want to sell, they will need an attorney, since they will need to site court case after legal option to why they should be able to force him to sell.

stevetcg · Feb 2, 2009, 06:54 AM

Or just offer him more money. In most of these cases that is what it is all about.

cozysprinkles · Feb 2, 2009, 07:38 AM

Thanks for helping..
This is about money but My thinking is that majority must rule somehow where 4 want to sell it.
This has been through probate and it is in all of the 5 brothers names.

stevetcg · Feb 2, 2009, 07:44 AM

Originally Posted by cozysprinkles

Thanks for helping..
This is about money but My thinking is that majority must rule somehow where 4 want to sell it.
This has been through probate and it is in all of the 5 brothers names.

Nah - majority means nothing in this case. It is not a democracy.

Just out of curiosity, why does he not want to sell? Is he hoping the value increases? Is there money owed on the property so there will only be profit to split rather than full property value?

excon · Feb 2, 2009, 08:04 AM

Originally Posted by cozysprinkles

This is about money

Hello again, c:

That simplifies it then. Offer MORE money.

Certainly the cost of a lawyer or the cost of lawsuit would be better spent in a higher offer...

But, did you guys DO your homework?? Maybe HE did. Maybe he KNOWS his share is worth a lot more than you're offering. Are you offering ANYTHING? Or do you just want him to sign on for the sale - which will bring an unknown amount to him.

How much is it worth? Is he asking TOO much for his 20%? Did you appraise it? WHO is handling the negotiations? ARE there negotiations? If you're going to hire a lawyer, hire him to negotiate with the brother. It's VERY hard to do that with a family member..

excon